Code Number: 404.7
In accordance with state and federal law, an employee shall be granted a leave of absence for any period of active state or federal military service when called upon for such service. Except for employees who have been employed on a temporary basis for six months or less, such military leave shall be without loss of status and will be without loss of pay during the first thirty (30) calendar days of such leave. In those cases where the employee’s service commitment and work schedule or contract year permits some discretion, it is expected that every reasonable effort will be made to provide for such military service to occur during times of the year when the employee is not scheduled to work or when the employee is not on contract.
Employees seeking military leave must generally give written or verbal advance notice of the upcoming duty to their immediate supervisor.
Employees may, but are not required to, use any available paid time off for a military leave of absence.
Subject to the terms, conditions, and limitations of the applicable benefit plan(s) to which the employee is otherwise eligible and where the military leave of absence is 30 days or less, health insurance benefits will continue to be provided by the District at the same cost to the employee as the employee would otherwise pay. After 30 days, employees will be responsible for the full costs of these benefits if the employee wishes to continue this benefit. When the employee returns from military leave, benefits will again be provided by the District according to the applicable plan(s) and military leave reinstatement rights.
After the completion of military service, the employee is entitled to all re-employment rights pursuant to
applicable state and federal law.
Eligible employees will be returned to their same position and classification or to the position and classification that the employee would have been entitled to if the continuous employment of the employee had not been interrupted by the military service. Employees will be treated as though they were continuously employed for purposes of determining benefits based on longevity and job seniority rights.
- First Adoption:
- 1984-01-10
- Revision Adoption:
- February 14, 1995/ April 24, 2001/ November 9, 2009/ January 28, 2013/ January 28, 2019
- Legal Reference:
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38 U.S.C. §§ 4301-4333 (USERRA)
20 CFR Part 1002
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28, .43